End User License Agreement

BY INSTALLING AND USING THE SOFTWARE, WHETHER REGISTERED OR NOT, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT INSTALL OR USE THE SOFTWARE.

This Badia Software ("Badia") License Agreement accompanies the Software and related explanatory written materials ("Documentation"). The term “Software” refers to any included application, plug-in, script or utility made by Badia for use with Adobe InDesign and/or QuarkXPress, and any upgrade, update or trial version. This copy of the Software is licensed to you as the end user or your employer or another third party authorized to permit your use of the Software. “You” as used in the remainder of this License Agreement refers to the licensee. 

Badia grants to you a nonexclusive license to use the Software and Documentation, provided that you agree to the following:

1. You may:

• Install the Software on any computer for testing purposes ("Trial Period") prior to purchasing a serial number for activation of the software. Functionality is limited. There could be reminders from time to time that the Software is not activated and the Software may also expire after a certain period of time if not activated. To activate the Software and remove the trial restrictions, you must purchase a serial number. 

• Activate the trial version of the Software by purchasing a serial number. The number of licenses you purchased determines the exact number of computers you are entitled to activate the Software. You should remove or uninstall the Software from any computers for which you have not purchased a license. The Software needs to be centrally activated using Badia's servers or any other third-party software registration company designated by Badia (internet connection is required). Only a limited number of activations are allowed per serial number. Once the maximum number of activations is achieved, you should contact Badia to obtain additional activations.

2. The Software is owned by Badia, and its structure, organization and code are the valuable trade secrets of Badia. The Software is also protected by Canadian and U.S. Copyright Law and International Treaty provisions. You must treat the Software just as you would any other copyrighted material, such as a book. You may not copy the Software or the Documentation, except as set forth above. Any copies that you are permitted to make pursuant to this Agreement must contain the same copyright and other proprietary notices that appear on or in the Software. You agree not to modify, adapt, translate, reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Software. Trademarks shall be used in accordance with accepted trademark practice, including identification of trademark owner’s name. Trademarks can only be used to identify printed output produced by the Software. Such use of any trademark does not give you any rights of ownership in that trademark. This Agreement does not grant you any intellectual property rights in the Software.

3. You will not share registration codes provided to you by Badia for registration of the Software with any other person or organization, and you will not rent, lease, or sublicense or lend the Software or Documentation. You may, however, transfer all your rights to use the Software to another person or legal entity provided that you transfer this Agreement, the Software, including all copies, updates and prior versions, and all Documentation to such person or entity and that you retain no copies, including copies stored on a computer.

4. THE SOFTWARE AND DOCUMENTATION ARE BEING DELIVERED TO YOU “AS IS” WITHOUT WARRANTIES OR GUARANTIES OF ANY KIND. YOU WILL USE THE SOFTWARE, WHETHER REGISTERED OR NOT, AT YOUR OWN RISK. BADIA DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY BADIA SHALL CREATE A WARRANTY. BADIA MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT WILL BADIA BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, INCLUDING ANY LOST PROFITS, BUSINESS INTERRUPTION, LOST OF DATA OR COMPUTER INFORMATION, OR LOST SAVINGS, OR FOR ANY CLAIM BY YOU OR ANY THIRD PARTY. 

5. BigPicture, ContactPage, ContactPage Pro, Duplica, Exportools, Exportools Standard, Exportools Professional, Exportools Professional XT, FullMeasure, and Printools are trademarks of Badia Software. QuarkXPress and XTensions are trademarks of Quark, Inc. InDesign is a trademark of Adobe Systems Incorporated. All other trademarks are the properties of their respective owners.

This agreement if effective as of January 1, 1998.